Circular No. 03/2015/TT-BQP on coordination work among agencies and units in codifying items under the responsibility of the Ministry of National Defense.

CIRCULAR

Regulations on the coordination work among agencies and units in implementing codification for topics under the responsibility of the Ministry of National Defense

Pursuant to the Law on Legislative Documents of 2008;

Pursuant to the Ordinance on Codification of Legal Normative Documents System 2012;

Pursuant to the Decree No. 63/2013/NĐ-CP of June 27, 2013 of the Government detailing the implementation of the Ordinance on Codification of Legal Normative Documents System;

Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Upon the proposal of the Head of the Legal Department;

The Minister of National Defense issues this Circular regulating the coordination work among agencies and units in implementing codification for topics under the responsibility of the Ministry of National Defense.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Circular stipulates the principles, contents, forms, responsibilities for coordination among agencies and units under the Ministry of National Defense regarding the codification work of the legal normative documents system for topics under the responsibility of codification of the Ministry of National Defense.

Article 2. Regarding authority, procedures, formalities, technical aspects of codifying the legal normative documents system shall be implemented according to the provisions of the Ordinance on Codification of Legal Normative Documents System 2012; Decree No. 63/2013/NĐ-CP of June 27, 2013 of the Government detailing the implementation of the Ordinance on Codification of Legal Normative Documents System (hereinafter referred to as Decree No. 63/2013/NĐ-CP); Circular No. 13/2014/TT-BTP of April 29, 2014 of the Ministry of Justice guiding the implementation of codification of the legal normative documents system (hereinafter referred to as Circular No. 13/2014/TT-BTP).

Article 2. Applicability

This Circular applies to agencies, units, and individuals related to the codification work of the legal normative documents system for topics under the responsibility of codification of the Ministry of National Defense.

Article 3. Principles of Cooperation

Clause 1. Strictly comply with the procedures and formalities for codifying the legal normative documents system and the schedule for codification approved by the Head of the Ministry of National Defense.

Clause 2. Ensure timeliness, proactivity, and regularity in coordination activities; emphasize the personal responsibility of the commanding officers of the leading agency and coordinating agencies and units.

Clause 3. Work within the scope of functions, tasks, and responsibilities of an agency or unit shall be handled by that unit; other agencies and units within their scope of functions, tasks, and authorities have the responsibility to coordinate promptly when requested by the leading agency.

Article 4. Leading and coordinating units in implementing codification

Clause 1. The Legal Department of the Ministry of National Defense shall lead the codification for topics within the national defense and national security theme under the responsibility of codification of the Ministry of National Defense.

Clause 2. Relevant agencies and units shall closely coordinate with the Legal Department of the Ministry of National Defense to implement the contents stipulated in Article 3 of this Circular and the codification plan for each specific topic.

1. Cooperating in organizational structure, staffing, and personnel matters of military courts.

Point 1. Propose the establishment of topics (if necessary).

Point 2. Develop a plan to implement codification for each topic.

Point 3. Collect documents to be used for codification according to the topic and handle, propose handling of conflicting, overlapping, or outdated legal norms.

Point 4. Implement codification according to the topic.

Point 5. Summarize, build, and submit the results of codification to the Ministry of Justice for review according to regulations.

Point 6. Incorporate feedback, revise, and finalize the results of codification, submit to the Minister for verification and approval of the results of codification according to the topic to the Ministry of Justice.

Point 7. Coordinate in performing other related tasks to the codification work of the legal normative documents system.

Article 6. Forms of Cooperation

1. Soliciting opinions in writing.

2. Organizing meetings or seminars.

4. Dispatching staff to participate.

5. Other forms.

Article 7. Responsibilities for Cooperation

1. The Legal Affairs Department of the Ministry of National Defense shall be responsible for chairing and coordinating with relevant agencies and units to implement the contents stipulated in Article 5 of this Circular.

2. When receiving requests for cooperation in codifying the system of legal regulations issued by the Minister of National Defense within their authority related to topics under the responsibility of other Ministries, equivalent Ministries, and the Legal Affairs Department of the Ministry of National Defense shall coordinate with relevant agencies and units to review, compile documents, and carry out codification according to the request and legal provisions, ensuring quality, effectiveness, and timely progress.

3. Commanders of agencies and units shall be responsible to the Minister of National Defense for the coordination work in implementing codification tasks of the legal regulation system assigned to them.

Article 8. Funding for Codification Work

1. The funding for the codification work of agencies and units is guaranteed in their annual budget estimates and other funds provided by the State and the Ministry of National Defense for legal affairs activities.

2. Annually, agencies and units base on the volume of work within their functions, duties, and authorities, prepare budget estimates, manage, use, and settle accounts for state budget funds to ensure codification work of the legal regulation system according to the joint Circular No. 192/2013/TTLT-BTC-BTP dated December 13, 2013 of the Ministry of Finance and the Ministry of Justice on preparing budget estimates, managing, using, and settling accounts for state budget funds to ensure consolidation of legal documents and codification of the legal regulation system.

Chapter II
COORDINATION IN IMPLEMENTING CODIFICATION OF TOPICS

Article 9. Proposing the Construction of Topics

1. The Legal Affairs Department of the Ministry of National Defense shall take the lead and coordinate with relevant agencies and units to propose the construction of topics and have the following tasks and powers:

a) Requesting relevant agencies and units under the Ministry of National Defense:

To propose and determine the highest legal value document regulating a specific social relationship to define the topic name and theme for arranging the topic;

To propose compiling a list of documents planned to be included in the topic arranged in descending order of legal validity and suggest handling or recommending handling conflicting, overlapping, or outdated legal regulations;

b) Building the topic to submit to the Minister of National Defense for soliciting opinions from relevant Ministries and sectors on the proposal to construct the topic;

c) Chairing and coordinating with relevant agencies and units to unify the content of the proposal to construct the topic;

d) Completing the proposal to construct the topic to submit to the Minister of National Defense for consideration and decision, then sending it to the Ministry of Justice according to Clause 1, Article 7 of Decree No. 63/2013/NĐ-CP.

2. Relevant agencies and units shall cooperate with the Legal Affairs Department of the Ministry of National Defense to implement the contents stipulated in Clause 1 of this Article.

Article 10. Developing a General Plan to Implement Codification of Topics Under the Responsibility of the Ministry of National Defense

1. Based on the Prime Minister's decision approving the list of topics in each theme and assigning agencies to implement codification according to the topics, the Legal Affairs Department of the Ministry of National Defense shall develop and submit to the Minister of National Defense for issuance a plan to implement codification for topics under the responsibility of the Ministry of National Defense and assign agencies and units to implement.

2. Relevant agencies and units shall be responsible for cooperating with the Legal Affairs Department of the Ministry of National Defense to develop the general codification plan of the Ministry of National Defense.

Article 11. Developing plans for codification for each subject matter

1. Based on the plan to implement codification for subject matters under the responsibility of the Ministry of National Defense, the Legal Affairs Department of the Ministry of National Defense shall take the lead and coordinate with relevant agencies and units to develop a codification implementation plan for each subject matter, including specifically identifying the agency responsible for codifying each legal document within the subject matter. The Legal Affairs Department of the Ministry of National Defense has the following tasks and authorities:

a) Drafting the plan and soliciting opinions from relevant ministries, sectors, and agencies and units;

b) Incorporating feedback, perfecting the draft, and submitting it to the Minister of National Defense for consideration and decision.

2. Agencies and units receiving requests for coordination in developing the plan have the responsibility to propose supplementary legal normative documents related to the subject matter under their responsibility to assist the Ministry of National Defense in state management and submit their comments to the Legal Affairs Department of the Ministry of National Defense for consolidation and implementation of codification of the subject matter.

Article 12. Collecting Documents for Codification According to Subject Matter

1. The Legal Affairs Department of the Ministry of National Defense shall take the lead and coordinate with relevant agencies and units to review, collect, and compile a list of documents falling within the content of the subject matter and related documents according to Points a and b Clause 1 Article 8 Decree No. 63/2013/NĐ-CP, ensuring compliance with legal regulations and the codification implementation plan for that subject matter.

2. Relevant agencies and units have the responsibility to coordinate with the Legal Affairs Department of the Ministry of National Defense to review, collect, and supplement the lists specified in Clause 1 of this Article with legal normative documents under their codification responsibility and send the collected and supplemented documents to the Legal Affairs Department for consolidation and codification implementation as prescribed.

Article 13. Handling and Proposing Solutions for Contradictory or Inappropriate Legal Norms

1. Handling and proposing solutions for contradictory or inappropriate legal norms according to Article 10 of Decree No. 63/2013/NĐ-CP.

2. The Legal Affairs Department of the Ministry of National Defense shall take the lead and coordinate with relevant agencies and units to review legal normative documents within the content of the subject matter. If contradictions, overlaps, or inconsistencies with reality are found as stipulated in Clause 1 of this Article, they shall report to the Minister of National Defense for handling within their authority or propose to the competent authority for handling.

3. Relevant agencies and units have the responsibility to coordinate with the Legal Affairs Department of the Ministry of National Defense in reviewing, proposing, or recommending solutions for contradictory or inconsistent legal norms as stipulated in Clause 1 of this Article.

Article 14. Implementing Codification According to Subject Matter

1. The Legal Affairs Department of the Ministry of National Defense shall take the lead in implementing codification and submit the results for comments from coordinating agencies and units.

2. Coordinating agencies and units shall review the codification content related to their own agency or unit, provide written comments ensuring quality and timely submission to the Legal Affairs Department of the Ministry of National Defense.

3. The Legal Affairs Department of the Ministry of National Defense shall study, consolidate, complete the subject matter, and prepare the codification result dossier for review by the Ministry of Justice as prescribed.

Article 15. Compilation and Construction of Documentation for Codification Results to be Reviewed

1. Compilation of Codification Results

a) The Legal Affairs Department of the Ministry of National Defense shall be responsible for submitting codification results; compiling a list of collected documents for codification to solicit opinions from relevant agencies and units involved in the codification process.

b) Agencies and units involved in the codification process shall be responsible for verifying the accuracy of the codified content related to their own agency or unit and presenting it for the head of the agency to sign off on verification.

2. Construction of Documentation for Codification Results to be Submitted for Review by the Ministry of Justice

The Legal Affairs Department of the Ministry of National Defense shall be responsible for constructing documentation for codification results in accordance with Clause 2 of Article 8 of Circular No. 13/2014/TT-BTP, to be reviewed by the Minister of National Defense for consideration, signature, and stamping before submission to the Ministry of Justice for review. The documentation includes:

a) A letter requesting review;

b) Codification results by subject matter; if the results are in written form, they must have the signature of verification from the Minister of National Defense and be stamped by the Ministry of National Defense;

c) Documents used for codification by subject matter, accompanied by a list of those documents.

Article 16. Incorporation of Review Comments and Revision of Codification Results

Within five working days from the date of receipt of the request from the Ministry of Justice, the Legal Affairs Department of the Ministry of National Defense shall take the lead and coordinate with relevant agencies and units to incorporate comments from the Ministry of Justice, revise, and finalize the codification results and documentation for review by the Minister of National Defense for verification of the revised content and submit them to the Ministry of Justice as prescribed.

Article 17. Implementation of Reports on the Execution of Codification

Based on the plans of the Ministry of National Defense for implementing codification work, the Legal Affairs Department of the Ministry of National Defense shall take the lead and coordinate with relevant agencies and units to report periodically or urgently on the organization and implementation of codification work and its results within the Ministry of National Defense; reports shall be submitted to the Minister of National Defense upon request.

Article 18. Coordination in Implementing Other Related Tasks Pertaining to Codification Work

For other tasks related to codification work, agencies and units involved shall determine their authority and responsibility based on legal provisions. In cases where the authority and responsibility of a particular unit cannot be determined for the implementation of such tasks, the relevant agencies and units shall coordinate with the Legal Affairs Department of the Ministry of National Defense to report to the Minister of National Defense for consideration and decision.

Chapter III
IMPLEMENTING PROVISIONS

Article 19. Effective Date

This Circular takes effect from February 26, 2015.

Article 20. Responsibility for Implementation

The Head of the Legal Affairs Department of the Ministry of National Defense and Commanders of relevant agencies and units are responsible for implementing this Circular.

During the implementation process, if there are difficulties or obstacles, agencies and units shall reflect these issues to the Ministry of National Defense (through the Legal Affairs Department of the Ministry of National Defense) for consolidation and reporting to the head of the Ministry of National Defense for decision./.